Texas House Bill HB1711

Texas 2025 - 89th Regular

• Filed: 12/30/24

Caption

Relating to notice and opportunity to cure a tenant's default that must be given before filing an eviction suit.

Impact

This legislative change aims to offer increased protection for tenants by ensuring they have a clear opportunity to address defaults before facing eviction. By requiring landlords to notify tenants and provide a time frame for cure, the bill is intended to reduce the number of immediate evictions occurring without prior notice or assistance for the tenants. These rights expand the legal obligations of landlords and are positioned to potentially modify eviction trends within the state.

Summary

House Bill 1711 seeks to amend the Texas Property Code regarding the eviction process, specifically focusing on the notice that a landlord must provide before filing a suit for eviction. The bill stipulates that landlords must give tenants a written notice demanding payment of overdue rent and an opportunity to rectify the default. If the tenant fails to cure the default within five days, the landlord can then issue a notice to vacate. Additionally, for defaults that are not related to rent, landlords are required to specify the default in writing and provide a chance for the tenant to cure it if possible.

Contention

Notable discussions around HB1711 might arise from the balance it strikes between landlord rights and tenant protections. Supporters argue that this bill enhances tenant security and offers a necessary procedural safeguard as tenants navigate financial difficulties. Conversely, proponents of landlord rights might contend that the additional requirements could complicate the eviction process, arguing that landlords should have the right to quickly reclaim their property without prolonged obligations.

Texas Constitutional Statutes Affected

Property Code

• Chapter 24. Forcible Entry And Detainer
  • Section: New Section